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Child Care Solicitors

Wardship (2 November 2011)

Date: 02/11/2011
Duncan Lewis, Child Care Solicitors, Wardship

When it is no longer possible for a person to manage their assets, because of some form of mental incapacity, then application can be made for them to become a Ward of Court. It will be up to the court to decide whether they are capable of managing their own property for both their own benefit and for the benefit of their dependents. If the court decides that they are not able to do so, due to reduced mental capacity then a committee will be appointed whose function will be to control the assets on behalf of the Ward.

It is also possible for a person under the age of 18 to become a Ward, as a minor. Anyone under the age of 18 who has been awarded damages, for example, will have the money paid into the court and it will invest it on the minor’s behalf until they reach 18. Although such a Minor is not a Ward of Court, should he or she require special care or housing needs they will be taken as a Minor into Wardship.

In the case of Wardship due to mental incapacity, the individual has to be shown to be of unsound mind and be incapable of managing his or her own affairs. They may even be taken into Wardship for their own protection, although this normally occurs in cases of mental disability rather than any form of psychiatric illness.

The normal procedure in making someone a Ward of Court is for a petitioner to ask the High Court to look into the case of the proposed Ward, or respondent, to decide whether they are of unsound mind and incapable of managing their own affairs. The application itself is called a petition and will, under normal circumstances, be submitted to the court by a family member.

The petitioner should contact family and childcare solicitors, such as Duncan Lewis, because they will have to swear a witnessed affidavit and the application also needs to include opinions by two doctors, who are normally psychiatrists. Information has to be supplied about the proposed Ward’s medical condition, next-of-kin, income and assets.

The President of the High Court uses this information to decide whether to hold an inquiry and if so a doctor is sent, by the High Court, to examine the proposed Ward.

A committee might be appointed to handle the Ward’s affairs; this is often the person who made the application for Wardship, but not always.

The petition will be served on the proposed Ward and either an objection can be made to it or a demand that the case be heard before a jury. An objection notice must to be signed and witnessed by a solicitor and will result in a hearing in front of the President of the High Court and a jury, should the Judge decide to appoint one, although there is no automatic right to one.

A person who has become a Ward through mental incapacity cannot marry whilst in that state, although if they were already married it will not be affected.


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